A dog bite can be a frightening and traumatic experience. In an instant, a friendly encounter can turn into a serious incident, leaving you with physical injuries and emotional distress. Beyond the immediate pain and shock, victims often face a complex legal battle to get the compensation they deserve. Dog owners and their insurance companies may use various legal tactics to avoid responsibility. Understanding these common defenses is the first step toward protecting your rights.
At Mesin & Co., we believe that knowledge is power. When you understand the strategies an owner might use, you are better equipped to challenge them. This guide will walk you through the defenses often raised in Florida dog bite cases and explain how a skilled attorney can help you build a strong case to counter them.
Florida’s Dog Bite Liability Law
Florida has a specific law that addresses dog bite incidents. Under Florida Statutes §767.04, dog owners are held “strictly liable” if their dog bites someone. This means that if a dog bites you, the owner is responsible for your damages, regardless of whether the dog had ever shown aggression before.
Unlike in some other states, you do not need to prove the owner knew their dog was dangerous. If you were on public property or lawfully on private property when the bite occurred, the owner is liable. This strict liability standard is designed to protect victims, but it does not stop owners and their insurance companies from trying to shift the blame.
Common Defenses Used by Dog Owners
Even with Florida’s clear law, dog owners may try to argue they are not at fault. Here are some of the most common defenses they use.
The Provocation Defense
This is one of the most frequent arguments in dog bite cases. The owner will claim that you provoked the dog, causing it to attack. Provocation can include actions like hitting, kicking, or teasing the animal.
- How to Counter It: Evidence is key. Witness statements from people who saw the incident can confirm you did nothing to antagonize the dog. Photos or videos from the scene can also be very helpful. An experienced dog bite injury attorney can gather this evidence to show that the owner’s claim of provocation is baseless.
The Trespassing Defense
Florida’s strict liability law only protects individuals who are on public property or lawfully on private property. If you were trespassing, the owner may argue they are not responsible for your injuries.
- How to Counter It: The term “lawfully on the property” includes more than just invited guests. It also covers people with a legal right to be there, such as mail carriers, delivery drivers, and utility workers. A premises liability lawyer in Miami can establish your legal right to be on the property, whether you were there for social or business reasons.
The Comparative Negligence Defense
Insurance companies often try to use comparative negligence to reduce the amount they have to pay. They might argue that you were partially at fault for the incident. For example, they could claim you ignored a “Beware of Dog” sign or acted carelessly around the animal. Under Florida law, if you are found to be partially responsible, your compensation can be reduced by your percentage of fault.
- How to Counter It: A thorough investigation can challenge these claims. We can demonstrate that the sign was not visible or that your actions were reasonable under the circumstances. Proving the extent of dog owner negligence in Florida is crucial to maximizing your compensation.
The “No Prior Knowledge” Defense
Some owners may claim they had no idea their dog was dangerous and, therefore, should not be held responsible.
- How to Counter It: This defense is not effective in Florida. Thanks to the strict liability statute, an owner’s knowledge of their dog’s past behavior is irrelevant. An owner is liable even if it is the dog’s first bite.
The “Assumption of Risk” Defense
In some situations, an owner might argue that you “assumed the risk” of being bitten. This defense is sometimes used if you are a veterinarian, a dog groomer, or someone who voluntarily agreed to interact with a dog known to be aggressive.
- How to Counter It: This defense is very specific and does not apply to most dog bite situations. An attorney can argue that you did not willingly or knowingly accept the risk of being bitten. Unless your job specifically involves handling dangerous animals, this defense is unlikely to succeed.
How Victims Can Counter These Defenses
Building a strong case starts with gathering the right evidence immediately after the incident. Your ability to counter the owner’s defenses depends heavily on the proof you can provide.
Here’s what you should do:
- Seek Medical Attention: Your health is the top priority. Get immediate medical care for your injuries and be sure to keep all records of your treatment, including doctor’s visits, hospital stays, and prescribed medications.
- Document Everything: Take clear photos of your injuries, the location where the bite occurred, and any relevant details like a broken fence or a non-visible warning sign.
- Get Witness Information: If anyone saw the attack, get their names and contact information. Their testimony can be invaluable.
- Report the Incident: File a report with your local animal control agency. An official report creates a legal record of the incident and may include important details about the dog’s history.
Why Legal Representation Matters
Navigating a dog bite claim alone can be overwhelming. Insurance adjusters are trained to minimize payouts, and they may pressure you into accepting a low settlement offer. Having a dedicated Florida dog bite lawyer from Mesin & Co. on your side makes all the difference.
Lead attorney Eugene Mesin provides personalized attention to every client. He will meticulously investigate your case, gather crucial evidence, and consult with medical experts to document the full extent of your injuries. We handle all negotiations with the insurance company, fighting to ensure you receive fair compensation for medical bills, lost wages, and pain and suffering. And with our “No Win, No Fee” guarantee, you pay nothing unless we win your case.
Protect Your Rights Today
After a dog bite, time is of the essence. You have a limited window to file a claim in Florida, and evidence can disappear quickly. Do not let a dog owner’s excuses prevent you from getting the justice you deserve.
If you or a loved one has been injured by a dog in Florida, contact Mesin & Co. today for a free, no-obligation consultation. Let us handle the legal complexities so you can focus on your recovery.
